10-6-101. Definition of terms. Terms used in this chapter mean: (1)”Department,” the Department of Revenue; (2)”Director,” a county’s director of equalization; (3)”Tract,” “lot,” “piece,” or “parcel,” any contiguous quantity of land that is possessed by, owned by, or recorded in the name of the same person. Source: SL 1897, ch 28, §1; RPolC 1903, §2052; […]
10-6-102. Mill levy defined–Substitution. The term, mill levy, wherever it is used in this code means “tax levy.” The code commission in future supplements and revisions of the South Dakota Codified Laws is directed to substitute the term, tax levy, and derivatives thereof for the term, mill levy, and its derivatives. Source: SL 1988, ch […]
10-6-103. One mill defined–Substitution. The term, one mill, wherever it is used in this code means “one dollar per thousand dollars of taxable valuation.” The Code Commission in future supplements and revisions of the South Dakota Codified Laws is directed to substitute “one dollar per thousand dollars of taxable valuation” and derivatives thereof for the […]
10-6-104. Fair market value and full and true value defined. As used in this chapter and §§10-28-12, 10-28-13, 10-29-9, 10-29-9.1, 10-33-14.1, 10-35-10.1, 10-37-8, 10-37-9.1, 10-38-1, and 10-38-14, the term, fair market value, and the term, full and true value, mean the price in money that property will bring in a competitive and open market under […]
10-6-105. Period during which assessment made–Date of assessment. All real property subject to taxation shall be listed and assessed annually, but the value of such property is to be determined according to its value on the first day of November preceding the assessment. Source: SL 1897, ch 28, §6; RPolC 1903, §2057; RC 1919, §6671; […]
10-6-106. Leased school lands classified separately–Assessment date and valuation date–Assessment, equalization, and taxation of school and endowment lands. Leased school and endowment lands, as provided in chapter 5-11, are hereby separately classified for the purpose of taxation. Leased school and endowment lands shall be listed and assessed annually pursuant to § 10-6-105. The assessment, equalization, […]
10-6-108. Statement of real property required of taxpayers. The director may require each person subject to this chapter to furnish to the director a statement under oath setting forth specifically all real property that is either owned by or under the control of the person on the statutory assessment day. Source: SL 1955, ch 422, […]
10-6-109. Viewing of property–Inspection of records–Recording assessed value. For the purpose of making an assessment of a tract listed for taxation, the director or the director’s deputy shall inspect and examine the property. The director may, without charge, inspect any book, paper, or public record that relates to the property. For each tract of real […]
10-6-110. Classification of property–Notation by director. For the purposes of taxation, all property is hereby classified into the following classes: (1)Agricultural property; (2)Nonagricultural property; and (3)Owner-occupied single-family dwellings. Agricultural property includes any land classified as agricultural land pursuant to § 10-6-112 and any improvements on the agricultural land used exclusively for agricultural purposes. However, agricultural […]
10-6-111. Agricultural land taxed without regard to zoning. Any land classified as agricultural land pursuant to § 10-6-112 shall be taxed as agricultural land without regard to its zoning classification. If any portion of the land is sold or otherwise converted to a principal use other than agricultural, then it shall be classified and taxed […]
10-6-112. Classification of agricultural land–Criteria. For tax purposes, land is agricultural land if the land’s principal use is devoted to the raising and harvesting of crops or timber or fruit trees, the rearing, feeding, and management of farm livestock, poultry, fish, or nursery stock, the production of bees and apiary products, or horticulture, all for […]
10-6-113. Property tax freeze authorized for agricultural property of beginning farmer. Agricultural property classified pursuant to §10-6-110 shall be valued for taxation purposes in the usual manner. However, the board of county commissioners of the county where such property is located may, in its discretion, freeze the property taxes levied for a period of five […]
10-6-114. Criteria for qualifying for tax freeze on agricultural property of beginning farmer. The tax freeze in §10-6-113 may be applied to agricultural property classified pursuant to §10-6-110 if the following criteria are met: (1)The owner of the property is a beginning farmer who has never before owned agricultural land; (2)The property does not exceed […]
10-6-115. State-owned public shooting area or game production area assessed and taxed as agricultural land. Notwithstanding the provisions of §10-6-112, any state-owned public shooting area or a state-owned game production area as identified pursuant to §41-4-8 that is owned and managed by the Department of Game, Fish and Parks shall be assessed and taxed as […]
10-6-116. Agricultural land–Riparian buffer strip described–Additional county board authorization. Any agricultural land within one hundred twenty feet of: (1)A lake assigned immersion recreation or limited contact recreational beneficial uses in ARSD 74:51:02:02 and listed in ARSD 74:51:02:04; or (2)A river or stream assigned any of the warmwater or coldwater fish life propagation beneficial uses in […]
10-6-117. Agricultural land–Riparian buffer strip classification–Criteria. Agricultural land shall be classified as a riparian buffer strip pursuant to §10-6-116, if it meets the following criteria: (1)The agricultural land consists of existing or planted perennial vegetation; (2)The riparian buffer strip is a minimum of fifty feet in width along an eligible river, stream, or lake, and […]
10-6-118. Penalty for misrepresentation of agricultural land as qualifying as riparian buffer strip. Any person, who requested that agricultural land be categorized as a riparian buffer strip pursuant to §10-6-116 and intentionally misrepresents any fact as to the qualification of the land as a riparian buffer strip, shall be assessed a penalty equal to two […]
10-6-119. Basis for determining valuation for tax purposes–Cost, market and income approaches to appraisal considered. The director shall individually assess each tract of real property at its fair market value. In determining the fair market value of property, the director may not adopt a lower or different standard of value because it is to serve […]
10-6-120. Property not used for agriculture separately assessed. Land or improvements on land within an operating unit that is not used incident to an agricultural pursuit shall be separately listed and assessed. Source: SL 1970, ch 79, §4; SL 2008, ch 44, §15, eff. July 1, 2009; SL 2021, ch 44, §§ 17, 44.
10-6-121. Minimum and maximum median sales to assessment ratio. The median sales to assessment ratio of all real property may not be less than eighty-five percent or more than one hundred percent. Source: SL 1989, ch 86, §6; SL 1990, ch 71, §1; SL 1993, ch 84, §3; SL 2021, ch 44, § 44.
